New Mexico Statutes
§ 72-12-28 — [Relief from impairment of existing water rights due to
nonpotable water; parties to action.] Any person may bring an action in the district court of the county in which any such well is situated for damages or for injunctive relief with respect to any claimed impairment of existing water rights due to an appropriation of nonpotable water under this act [72-12-25 to 72-12-28 NMSA 1978]. When such suit has been filed, the court shall order the joinder of the state engineer as a party thereto on the motion of any party, and if so joined the court shall direct the state engineer to present such evidence bearing upon the issues of the case as is reasonably available to him.
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Legislative History
1953 Comp., § 75-11-40, enacted by Laws 1967, ch. 86, § 4.
Nearby Sections
15
§ 72-1-1
Natural waters; public§ 72-1-12
Indian water rights settlement fund§ 72-1-2.5
Pecos river basin land management fund§ 72-1-6
[Traveler's use of water.]